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· 9/29/2004

California Fair Employment & Housing Commission v. Gemini Aluminum Corp.

Citations

  • 18 Cal. Rptr. 3d 906
  • 122 Cal. App. 4th 1004
  • 2004 Daily Journal DAR 12140
  • 2004 Cal. Daily Op. Serv. 8869
  • 2004 Cal. App. LEXIS 1623

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the elements of a prima facie case for religious creed discrimination are “the employee sincerely held a religious belief; the employer was aware of that belief; and the belief conflicted with an employment requirement.”
  • setting forth “reasonable steps” that an employer must take to prevent discrimination
  • employment conflict existed sufficient to support section 12940(7) claim where employee required to work from Monday to Friday sought leave to attend religious convention beginning .on Friday
  • “A causal link may be established with evidence demonstrating that the employer was aware of the protected activity and the adverse action followed within a relatively short time”
  • “A discussion of pretext is premature until the employee establishes the prima facie case and the employer offers a legitimate, 26 nondiscriminatory reason for the adverse employment action.”
  • “Pretext may also be inferred from the timing of the company’s termination decision....”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hastings

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.